Prestolite Wire Division, Eltra Corp.

National Labor Relations Board - Board Decisions

May 18, 1979

242 N.L.R.B. 407 (N.L.R.B. 1979)

PRESTOLITE WIRE DIVISION, ELTRA CORPORATION
Prestolite Wire Division, Eltra Corporation and Inter-
national Union, United Automobile, Aerospace and
Agricultural Workers of America (UAW). Cases 7-
CA-12848 and 7-RC-13057
May 18, 1979
DECISION AND ORDER DIRECTING
HEARING
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND MURPHY
Following the July 3, 1975, election which the
Union won 59 to 55, with no challenged ballots, Re-
spondent timely filed eight objections alleging im-
proper conduct by both the Union and the Board
agent conducting the election. The Regional Director
conducted an investigation and, on September 1,
1975, issued his report to which Respondent timely
filed exceptions and wherein he recommended that
the objections be overruled in their entirety and that
the Union be certified as the exclusive bargaining rep-
resentative of the employees in the stipulated unit.
After considering the Regional Director's report and
the exceptions thereto, the Board, on January 30,
1976, issued its Decision and Certification of Repre-
sentative in which it denied Respondent's request for
a hearing on the objections, adopted the Regional Di-
rector's report, and certified the Union. Respondent
subsequently refused the Union's request to bargain,
thereby initiating unfair labor practice charges which
culminated in the Board's Decision and Order' where
the Board again denied Respondent's request for a
hearing on the matter because it viewed the request as
an attempt to relitigate issues raised and resolved in
the representation case, granted the General Coun-
sel's Motion for Summary Judgment, found that Re-
spondent unlawfully refused to bargain in violation of
Section 8(a)(5) of the Act, and ordered it to bargain
upon request.
I Prestolite Wire Division, Eltra Corporation, 225 NLRB I (1976).
On January 31, 1979, the United States Court of
Appeals for the Sixth Circuit issued its decision in this
proceedings wherein it denied enforcement of the
Board's Order, set aside the certification, and re-
manded the proceeding to the Board "with directions
to refer [the issues raised by the objections to the elec-
tion in Case 7-RC-13057] for hearing before a hear-
ing officer as provided in 29 C.F.R. Sec. 109.69(f)"
(Sec. 102.69(f) of the Board's Rules and Regulations
and Statements of Procedure, Series 8, as amended.)
Accordingly, we shall remand the proceeding to the
Regional Director for Region 7 for hearing on the
matter.
ORDER
It is hereby ordered that a hearing be held before a
duly designated hearing officer from a region other
than Region 7 for the purpose of receiving evidence
to resolve the issues raised by the objections to the
election in Case 7-RC-13057.
IT IS FURTHER ORDERED that the hearing officer des-
ignated for the purpose of conducting said hearing
shall prepare and cause to be served on the parties a
report containing resolutions of the credibility of wit-
nesses, findings of fact, and recommendations to the
Board as to the disposition of said objections. Within
20 days from the date of issuance of said report, any
party may file with the Board in Washington, D.C.,
eight copies of exceptions thereto. Immediately upon
the filing of said exceptions, the party filing same
shall serve a copy thereof on each of the other parties
and shall file a copy with the Regional Director. If no
exceptions are filed thereto, the Board will adopt the
recommendations of the hearing officer.
IT IS FURTHER ORDERED that the above-entitled
matter be, and it hereby is, remanded to the Regional
Director for Region 7 for the purpose of arranging
such hearing, and that said Regional Director be, and
he hereby is, authorized to issue notice thereof.
2 Prestolite Wire Division, Eltra Corporation, 100 LRRM 2503. 85 LC
¶11 078 (6th Cir. 1979).
242 NLRB No. 68
407